Wednesday, October 06, 2010

Does Russ Respect Rights

In the event that people feel that Charlie Sykes criticism of Russ Feingold's use of NFL footage in his ad is partisan hyperbole, it is not.

Those who know me may have heard me say that I think much of Intellectual Property Law is facism. But, in my capacity as General Counsel of a moderately sized multi-national corporation, I was faced - at least once and maybe more often - with questions of whether our marketing people could grab small bits of NFL video in marketing pieces - including one in which we had hired a former NFL player to promote one of our products and wanted to show the guy scoring a touchdown in the Super Bowl. Our IP guy told us - quite correctly - that we couldn't do that. He explained to me that it wasn't even a close question. He showed me that the law was clear and noted the NFL's well known vigilance in protecting its property rights. I didn't like it, but I accepted it.

It really is hard to see this as an honest mistake. Ad agencies and campaigns are lousy with lawyers and no lawyer or agency in business for more than a week and a half would have failed to recognize this issue.

When you combine this with Feingold's creepy attempt to make one of his ads look like a news broadcast, this campaign seems to be in need of some ethical guidance.

11 comments:

Anonymous said...

"It's only against the law if you get caught" (I heard on a TV interview with thugs from a gang)

This is a huge problem in society at all levels. Law abiding has turned into catch me if you can.

Sen. Fiengold would have known this is wrong but did it anyway. He's just another example of what's wrong in society.

John Foust said...

Thus is the slippery slope into facism. Sure, it all starts with Ayn Rand, but then it slips into government favors for railways - heck, that's sorta Dagny-like - which leads to marrying the boss's daughter in a Peter Keating sort of way, which leads to proving your business acumen in a few business deals via nepotistic but capitalistic opportunities, then a distrust of science, then the defense of pederasts and their employers, then a gradual willingness to do business in China with actual communists and praising the process and the profit, combined with the irony of exporting jobs while simultaneously claiming that you're against government interference but that it'll be your job to create jobs, then the admiration for "creative destruction" instead of value- and merit-based creation, followed by admitting you have a strictly literally casual acquaintance with the Constitution but would be willing to interpret it later after you're elected, and next thing you know you'll be running for Senate on the Facist ticket. Where is the spine? Where is the time-honored respect for the ethical position?

Anonymous said...

"When you combine this with Feingold's creepy attempt to make one of his ads look like a news broadcast, this campaign seems to be in need of some ethical guidance."

This is a hysterical comment, Professor. It WAS a newscast -- and that's what ticked the television station off. Feingold's ad included a part of the actual newscast.

The station objected, and then Johnson ran an ad which played on that objection. Johnson's ad agency had dodge around a hard fact, however -- the news story was accurate!

The Johnson campaign is a wonder to behold. A rich middle-aged man announces his interest in running for the United States Senate. Within a week, all the Republican lapdogs are positively pissing in their pants with glee. The other long-running rich guy is elbowed out of the way. The nomination is secured. Let the coronation begin!

At some point, the white-haired cipher is going to have to say something of substance. His handlers hope and pray that the substance is regurgitated AFTER the election. Can you actually say that you blame them?

George Mitchell said...

Anonymous actually appears to be defending the demonstrably misleading Feingold/WKOW spot.

Anonymous said...

How is it misleading, George? The ad took a part of the newscast and rebroadcast it. The underlying news story is God's truth: the man who decries GOVERNMENT SUBSIDIES HAS BEEN THE BENEFICIARY OF THEM.

Dad29 said...

The Johnson campaign is a wonder to behold. A rich middle-aged man announces his interest in running for the United States Senate. Within a week, all the Democrat lapdogs are positively pissing in their pants with glee.

Who's talking about Herbie Kohl?

Anonymous said...

Obviously DaddyZero doesn't recall how Herb Kohl became the Democratic nominee for the US Senate.

Herb emerged the winner in a multi-candidate primary that included a former Governor and at least one other hard-charging candidate. The bottom line: Herb won a real primary. Herb spent his own money to run and there was no phony-baloney convention "endorsement" to propel him forward.

Contrast that with the coronation given to the Great White Hope. Herb didn't have the talk radio mavens in Milwaukee literally salivating over his candidacy. Go back and listen to Chuckles Sykes' fawning interview the day after the white-haired cipher revealed that he was available to run if you want a good example.

John Foust said...

Psst, Prof... f-a-s-c-i-s-m.

Dad29 said...

Herbie has survived as a cipher.

He won't survive the "Gimme Your Money" gambit to get a new Bucks venue.

George Mitchell said...

How can it be misleading? Because...


"They took out all the context, balance and other side of the story," said Perry Boxx, WKOW News Director.

Anonymous said...

George, you aren't usually so dense. The station news director is pissed that his news story got used in a political commercial. (He has to look "impartial," you see.)

But what was untrue? Nothing -- it was spot on. The bold crusader against government subsidies for others has himself enjoyed government subsidies multiple times!